Indiana Injury Lawyer Blog

The Indiana Trial Rules do not distinguish between "trial" and "discovery" depositions. Trial Rule 30 allows either party to conduct a deposition provided that the party gives reasonable notice in writing to other parties to the action. If a deposition is properly taken in accordance with Trial Rule 30, the deposition may later be used at trial for evidentiary purposes if the witness is unavailable to testify at trial and the party against whom the testimony is offered had an opportunity and similar motive to examine the witness during the deposition. (Ind. Rule of Evidence 804(b)(1)) It does not matter that the deposition was not noticed as a "trial" or "evidentiary" deposition, as the "Indiana Rules of Trial Procedure do not recognize such a distinction." Hagerman v. Copeland , 697 N.E.2d 948, 953 (Ind. Ct. App. 1998).

The Indiana Supreme Court has granted petition to transfer in the case Stanley v. Walker. The Court is set to hear oral argument on the matter November 6, 2008 at 9:45 a.m. in the Indiana Supreme Court Court Room. It can be watched live via webcast at the IndianaCourts website.

In Stanley v. Walker, the Indiana Court of Appeals affirmed the Johnson Superior Court in preventing the defendant from introducing evidence at trial that the plaintiff's medical providers and health insurance company had negotiated a "write off" which reduced the amount plaintiff was initially billed after receiving medical services. The Indiana Court of Appeals held that Indiana's collateral source evidentiary statute precluded the evidence from being admitted.

By now, many people across Indiana have sadly learned of the heartbreaking school bus accident that occurred last Friday on U.S. 24 west of Logansport, that claimed the lives of four young special-needs students. At the time of the accident, the Twin Lakes School Corporation bus was in route from Logansport to Monticello after the school day had ended.

Wndu.com reported that the accident was caused after an eastbound dump truck on U.S. 24 quickly swerved into the westbound lane to avoid colliding with a moped making a left-hand turn into a driveway. As the dump truck swerved into the westbound lane, it collided with the school bus, sending it over on its side and into the eastbound lane. The school bus was then struck in its hood by a second dump truck following in the eastbound lane.

Mopeds and moter scooters have become increasingly popular in the last year due to our country's current fuel crisis and the rising gas prices that have resulted. Many mopeds and motor scooters gain over 100 miles per gallon of fuel, which makes them an attractive alternative to driving SUVs and four-door sedans. However, being that they are physically smaller means of transportation, mopeds and motor scooters provide additional safety concerns on our roadways. In most cases, mopeds and scooters are smaller than motorcycles and do not have the loud exhaust that alerts automobile and truck drivers to the presence of a motorcycle. As mopeds and motor scooters become a more and more familar sight on our roadways, it is necessary that all drivers take extra precautions in sharing the roadway and preventing accidents.